RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-04696

	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His reason for discharge be changed to either “completion of required service duty” or “condition interfered with duty,” vs “pattern of minor disciplinary infractions.”

APPLICANT’S CONTENTIONS

When he returned to his duty station, he was dealing with the stress and emotions of things he had seen and experienced in Desert Storm.  This caused him to have a few minor infractions.  If he would have gotten the help he needed to deal with the effects of going to war he would have made a career out of the military.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force airman first class (E-3).

On 15 Jan 92, the applicant was notified of the commander’s intent to recommend the applicant be discharged from the Air Force under the provisions of AFR 39-10, paragraph 5-46 for minor disciplinary infractions.  The reasons for the action include:

a.	On or about 26 Dec 90, failed to go, issued a Letter of Reprimand (LOR).

b.	On or about 12 Feb 91, failed to go, issued an LOR.

c.	On or about 24 Apr 91, failed to go, issued an Article 15 non-judicial punishment.

d.	On or about 1 May 91, failed to obey Plattsburgh Air Force Base Regulation 90-2, paragraph 10d, issued an LOR.

e.	On or about 8 Jan 92, failed to obey a lawful order, issued an LOR.

On an illegible date, the discharge action was found legally sufficient and on 4 Feb 92, the discharge authority approved the recommendation.

On 6 Feb 92, the applicant received an under honorable conditions (general) discharge with narrative reason for separation of “misconduct – pattern of minor disciplinary infractions” and was credited with 1 year, 8 months and 28 days of active service and zero days foreign service.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION

BCMR Psychiatric Advisor finds insufficient evidence to warrant the desired change of record. The applicant asserts that his service in support of Desert Storm has affected him psychologically and resulted in minor disciplinary infractions.  Unfortunately, due to the brevity of the applicant’s military service prior to alleged trauma, it is extremely challenging to determine his baseline level of functioning to say with any degree of confidence that his misconduct was departure from his baseline and therefore could be a result of psychological distress.  The applicant’s service treatment records do not add any objective information to support his claim.  Furthermore, no post-discharge medical records are available to substantiate the applicant’s assertion of suffering from the psychological distress.

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 12 May 20 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was not timely filed.

2.  The applicant exhausted all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of the BCMR Psychiatric Advisor and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  The Board also notes the applicant did not file the application within three years of discovering the alleged error or injustice, as required by Section 1552 of Title 10, United States Code, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  While the applicant asserts a date of discovery within the three-year limit, the Board does not find the assertion supported by a preponderance of the evidence.  The Board does not find it in the interest of justice to waive the three-year filing requirement.  Therefore, the Board finds the application untimely and recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

CERTIFICATION

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2019-04696 in Executive Session on 30 Jun 20:

Panel Chair
Member
Panel Member 

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, dated 12 Sep 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, BCMR Psychiatric Advisor, dated 8 Apr 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 12 May 20.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.